MATTER OF JACOB B. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES

2009-07085.

77 A.D.3d 936 (2010)

909 N.Y.S.2d 755

In the Matter of JACOB B. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; RACHEL B., Appellant. (Proceeding No. 1.) In the Matter of JOSEPH B. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; RACHEL B., Appellant. (Proceeding No. 2.) In the Matter of DYLAN L. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; RACHEL B., Appellant. (Proceeding No. 3.)

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 26, 2010.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The petitioner's medical expert testified that there was no evidence that the child Jacob B. suffered from a bone disease, and opined that the child's multiple fractures were intentionally inflicted. Moreover, the record reflects that Jacob was in the mother's care when he suffered the fractures. Accordingly, the petitioner established a prima facie case of child abuse, and...

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